GENERAL TERMS AND CONDITIONS
(Global Platform)
Effective June 2016 For Use of the LexisNexis Services
This Licence Agreement is between LexisNexis, a division of RELX India Private Limited (“we or us”) and the individual or company to whom LexisNexis has agreed to supply the online and/or digital services and materials (“you” or “Subscriber”). The following terms and conditions govern your use of the online services and/or digital services supplied by LN (the “Services”) and the materials and content available therein (including any third party websites or linked websites) (“Materials”).
1.
LICENCE; RESTRICTIONS ON USE
1.1 Your use of specific Materials forming part of the Services ("Specific Materials") may also be subject to any supplemental third party terms set forth in at www.lexisnexis.com/terms/terms/supplemental/ in respect of such Specific Materials ("Supplemental Terms"). It is your responsibility to access that LexisNexis link to determine what Supplemental Terms, if any, apply to the Services. Subject to any applicable Supplemental Terms for Specific Materials, you are granted during the term of this agreement, a non-exclusive, non-transferable, limited licence to access and use the Services and Materials from time to time made available to you for the internal purposes only of (i) research or study, (ii) providing professional services to your clients, and (iii) providing academic services to students. This licence is subject to the following limitations:
(a) The right to electronically display Materials retrieved from the Services is limited to the display of such Materials primarily to one person at a time, subject to the Supplemental Terms for Specific Materials. This does not limit the number of Authorised Users who may individually access the Services at the same time;
(b) The right to obtain a printout of Materials is limited to a printout of a reasonable portion of the Materials obtained using the printing commands of the Services or your web browser software and the creation of a single printout of a reasonable portion of the Materials downloaded via downloading commands of the Services or your web browser software (collectively, “Authorised Printouts”); and
(c) Subject to clause 1.2A, the right to retrieve and store machine-readable copies of Materials is limited to the retrieval of a single copy of a reasonable portion of the Materials included in any individual file of the Services using the downloading commands of the Services or your web browser software and in respect of Services storage of that copy in machine readable form for no more than 90 days primarily for one person’s exclusive use. Insubstantial electronic copies of the Materials may be stored beyond the time restriction referred to in this clause 1(c) where: (i) the Materials have been incorporated into advice provided to a specific client in respect of a specific matter; and/or (ii) the Material is required to be kept for some legal, regulatory or evidential requirement. This clause is subject to the overriding obligation upon you not to create your own independently searchable database of the Materials. This clause is also restricted to the extent the storage of those Materials is not further limited or prohibited by the Supplemental Terms for Specific Materials.
1.2 To the extent expressly permitted by applicable copyright law and not further limited or prohibited by the Supplemental Terms for Specific Materials, you may make copies of Authorised Printouts and distribute Authorised Printouts and copies within your organisation.
1.2A For Subscriber’s subscribing to Practical Guidance/PSL: in addition to other rights granted under Clauses 1.1 and 1.2, you may copy, revise, customise and use the forms, precedents and checklists in the Materials for the purposes of any matter on which you are advising; and make available to client, copies of such Materials on a reasonable, non-systematic basis that is not commercially prejudicial to us, subject to crediting third parties where such material is attributed to them.
1.3 Except as specifically provided in clauses 1.1,1.2 and 1.2A, you are otherwise prohibited from downloading, storing, reproducing, transmitting, displaying, printing, copying, distributing, or using Materials retrieved from the Services. You may not print or download Materials without using the printing or downloading commands of the Services or your web browser software. All access to and use of the Services via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Services is strictly prohibited. Use of the Services is permitted only via manually conducted, discrete, individual search and retrieval activities.
1.4 All right, title, and interest (including all copyrights and other intellectual property rights) in the Services and Materials (in both print and machine-readable forms) belong to us or our third party suppliers. You acquire no ownership of copyright or other intellectual property rights or proprietary interest in the Services, Materials, or copies thereof.
1.5 Except as specifically provided herein, you may not use the Services or Materials retrieved from the Services in any fashion that infringes the copyright or proprietary interests therein.
1.6 You may not remove or obscure the copyright notice or other notices contained in Materials retrieved from the Services.
1.7 Other provisions that govern your use of Materials are set forth in the your written agreement with us, any agreed addendum, the Supplemental Terms for Specific Materials, online descriptions of files, online notices following file selection, and individual documents retrieved from the Services (collectively the “Additional Terms”), all of which are incorporated by reference into these General Terms and Conditions. To the extent there is any inconsistency between the Additional Terms and the General Terms and Conditions, the Additional Terms prevail in the order that they appear above.
2. ACCESS TO SERVICES
2.1 Only your employees, students, support personnel and barristers within your chamber (as relevant) authorised by both us and you shall be entitled to access and use the Services and Materials (“Authorised Users”).
2.2 Except for use incidental to occasional, short-term travel, you may not use an identification number to access the Services and Materials from outside the country for which it was issued. This clause does not apply to digital services.
2.3 Your identification number(s) may be restricted from accessing certain Materials otherwise available in the Services for which you have not subscribed.
2.4 Materials and features may be added to or withdrawn from the Services and the Services may otherwise be changed without notice.
2.5 You must ensure that each person having access to the Services and Materials:
(a) is an Authorised User; and
(b) is using those Services and Materials only in accordance with these General Terms and Conditions and the Additional Terms. The Subscriber shall be responsible for use of the Services and Materials by Authorised Users.
3. LIMITED WARRANTY
3.1 We represent and warrant that we have the right and authority to make the Services available pursuant to our agreement with you.
3.2 SUBJECT TO CLAUSES 3.1 AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND, UNLESS EXPRESSLY STATED TO THE CONTRARY IN THIS AGREEMENT, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, BY STATUTE, TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION THAT THE SERVICES AND MATERIALS ARE OR WILL BE COMPLETE OR FREE FROM ERRORS OR THAT INFORMATION WILL CONTINUE TO BE AVAILABLE TO US TO ENABLE US TO KEEP THE SERVICES AND MATERIALS UP-TO-DATE.
3.3 Subject to clause 5.9, it is not intended that any contract between us and the Subscriber for the supply of Services should be enforceable by any third party.
3.4 Any waiver by us of any of these terms and conditions shall be limited to the particular instance and shall not operate or be deemed to operate as a future waiver of that or any other term.
4. LIMITATION OF LIABILITY
4.1 To the maximum extent permitted by law, a Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:
(a) any errors in or omissions from the Services or any Materials available or not included therein,
(b) the unavailability or interruption to the supply of the Services or any features thereof or any Materials,
(c) Subscriber’s use or misuse of the Services or Materials (regardless of whether you received any assistance from a Covered Party in using or misusing the Services), including use of content or materials obtained from third party websites or linked websites.
(d) your use of any equipment in connection with the Services,
(e) the content of Materials,
(f) any delay or failure in performance beyond the reasonable control of a Covered Party, or
(g) any negligence of a Covered Party or its employees, contractors or agents in connection with the performance of our obligations under this agreement (other than liability for death or personal injury).
4.2 “Covered Party” means (a) us, our affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of us or our affiliates; and (b) each third party supplier of Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or any of their affiliates.
4.3. Our liability to you for breach of any condition or warranty implied under any law which cannot be lawfully modified or excluded by this agreement shall, to the extent permitted by law, be limited to our option to supplying the Services or Materials again or paying for their re-supply. Nothing in these General Terms and Conditions is intended to exclude liability for death or personal injury resulting from negligence by us.
4.4 Our liability to you for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that you caused or contributed to that loss or damage.
4.5 SUBJECT TO CLAUSE 4.3, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COVERED PARTIES WHETHER FOR BREACH OF THIS AGREEMENT OR IN TORT (INCLUDING NEGLIGENCE) OR FOR ANY OTHER COMMON LAW OR STATUTORY CAUSE OF ACTION SHALL NOT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE GOODS, OR IN THE CASE OF SERVICES THE AMOUNT YOU PAID FOR THE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
4.6 SUBJECT TO CLAUSE 4.3, THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND LOSS OF PROFITS, CONTRACTS, BUSINESS, REVENUE, GOODWILL, ANTICIPATED SAVINGS, BUSINESS INFORMATION OR DATA) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE GOODS AND SERVICES , MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
4.7 The Materials are provided for reference purposes only and are not intended, nor should they be used, as a substitute for professional advice or judgment or to provide legal advice with respect to particular circumstances.
4.8 We nor our authors/supplier of the Materials do not undertake any obligation to consider whether the information provided to or by us for the purpose of our Materials (including answering a query) is either sufficient, up to date or appropriate for any particular or actual circumstances. Whilst reasonable efforts are made to keep the Materials up to date, you should obtain independent verification or advice before relying upon any piece of information in circumstances where loss or damage may result.
4.9 We are not a law firm; we do not represent or advise clients in any matter and are not bound by the professional responsibilities and duties of a practising lawyer. Nothing in the Services, or the Materials or in the Agreement nor any receipt or use of the Services, shall be construed or relied on as advertising or soliciting to provide any legal services, creating any solicitor-client relationship or providing any legal representation, advice or opinion whatsoever on behalf of us or our staff.
4.10 Any password / ID number issued by us to an Authorised User is personal and confidential to that Authorised User. If we suspect that any password / ID is being used by an unauthorised User or a different Authorised User to the person to whom it was issued, that password / ID may be cancelled and you may be liable for additional charges, in accordance with our then current price list or catalogue for the applicable Services, in respect of any such unauthorised use.
5. MISCELLANEOUS
5.1 This agreement is for the minimum period specified in the Term. This agreement will automatically renew on the date following the expiration of the Term (“Renewal”) for additional terms equal in duration to the period specified in the Term or where not specified for additional 12 month terms unless you provide us with a notice of termination in accordance with clause 5.2. The price payable for the Services will be the price payable in the immediately preceding Term, plus an annual adjustment (or the price corresponding to the actual usage level for the preceding year, whichever is the higher). A pre-determined annual adjustment may be specified in your written agreement with LN or customer agreement, if not, will be notified to you by the Renewal date.
5.2 Either party may terminate the subscription for access to the Services upon notice to the other for breach. You may terminate this agreement (in whole or in part) by giving us at least 90 days’ written notice, to expire the day before the anniversary of the commencement date or last day of the period set forth in the Term (whichever is the longer) as specified in the your written agreement with us ("Customer Notice Period"). We may terminate this agreement (in whole or in part) by giving at least 60 days’ notice. Our only obligation in this event shall be the pro rata refund of any charges paid in advance. We may suspend or discontinue providing the Services to you without notice and pursue any other remedy legally available to us if you fail to comply with any of your obligations hereunder. On termination of this agreement, any licence granted under this agreement, other than any perpetual licence granted hereunder, terminates (including the licence in clause 1.1).
5.3 These General Terms and Conditions and the Additional Terms may be changed by us from time to time, however changes detrimental to you may only be changed at the expiry of your subscription for access to the Services. All other provisions may be changed by us immediately upon notice. If any changes are made to the General Terms and Conditions that are detrimental to you, you may terminate the Agreement upon written notice to us if any such change is unacceptable to you. For termination to be effective under this clause, we must receive your notice of termination within 30 days of the date of the notice. Continued use of the Services following the expiration of 30 days following the date our notice to you of any detrimental change constitutes acceptance of the change but does not affect your other termination rights. Continued use of the Services during the period starting on the effective date of the change until the date of termination by you in accordance with this clause will be subject to the changes notified to you, including any increases in price.
5.4 Neither party will disclose to any third party details of this agreement or any of the negotiations undertaken in relation to this agreement, including any pricing or discounting terms, without the prior written consent of the other.
5.5 Except as otherwise provided herein, all notices and other communications to you hereunder shall be in writing or displayed electronically in the Services by LN. Notices to you shall be deemed to have been properly given on the date deposited in the mail, if mailed; on the date first made available, if displayed in the Services; or on the date received, if delivered in any other manner. Notices to us should be sent to your LexisNexis account representative, or if you do not have an account representative to LN customer services, at LexisNexis, 14th Floor, Building No. 10, Tower B, DLF Cyber City, Phase-II, Gurgaon, Haryana, India, 122002, with a copy by email to your account manager. Notices to you, if sent by email or by post, shall be sent to the postal address or email address LN has on record.
5.6 The failure of us or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
5.7 You may not assign your rights or delegate your duties under these General Terms and Conditions or any Additional Terms without our prior written consent.
5.8 These General Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of India regardless of the law that might apply under applicable principles of conflicts of laws. Any dispute arising out of or in connection with this agreement and the Additional Terms, including any question regarding its existence, validity or termination (each, a “Dispute”), shall be referred to the Delhi International Arbitration Centre and finally resolved by arbitration in accordance with the Delhi International Arbitration Centre (Arbitration Proceedings) Rules (the “DAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The language of the arbitration shall be English. The seat of arbitration shall be New Delhi. The arbitral tribunal shall consist of a sole arbitrator appointed in accordance with the DAC Rules. The arbitrator so appointed: (i) shall be fluent in English; (ii) shall be a licensed and independent legal practitioner; and (iii) should, to the extent practicable, have experience in handling disputes relating to the online information industry. The Parties hereby record their understanding and intent that, in an arbitration conducted in terms of this Clause, the prevailing Party should be entitled to recover from the other Party its reasonable lawyers' fees and other costs of arbitration, subject to the arbitral award. Where the arbitral award is for the payment of money, the sum for which the award is made shall include interest at the rate of two per cent higher than the current rate of interest (as defined in the Arbitration and Conciliation Act, 1996, as amended) prevalent on the date of award, for the period from the date on which the cause of action arose and up to the date on which the award is made.
5.9 Each third party supplier of Materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary. Except as otherwise provided herein, nothing in this agreement shall be deemed to create any right in any person or entity that is not a party to this agreement.
5.10 In accordance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, LN will provide and export personal data about Authorised Users to any subcontractor appointed to carry out the provision of, or any aspect of, the Services for the purposes of (a) providing access to and use of the Services to You; and (b) providing customer support, billing and other similar activities related to the Services and to subcontractors outside India. You agree and shall procure the consent of your Authorised Users to LN collecting, using, transferring, exporting and disclosing such Authorised User’s personal information for the aforementioned purposes.
5.11 The collection and use of personal information by LN in the course of providing the Services will be in accordance with our privacy policy, as may be amended from time to time, and which is available on LN’s website.
5.12 These General Terms and Conditions will be enforced to the fullest extent permitted by applicable law. If anything in these General Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, then it will be severed and the validity of the other provisions of the General Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
5.13 You are neither identified on, nor shall you provide access to LN Services to any individuals or entities identified on, OFAC’s list of Specially Designated Nationals (“SDN List”), the UK’s HM Treasury’s Consolidated List of Sanctions Targets, the EU’s Consolidated List of Persons, Groups, and Entities Subject to EU Financial Sanctions, or any other applicable sanctions list.
Terms and Conditions
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
This Web site, including all of its features and content (the "Web Site") is a service made available trading as LexisNexis and its related bodies corporate (together, "Provider") and all content, information, services and software provided on and through this Web Site ("Content") may be used solely under the following terms and conditions ("Terms of Use"). BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS OF USE SO IF YOU DO NOT AGREE, DO NOT USE THE WEB SITE.
1. Web Site Limited License. As a user of this Web Site you are granted a non-exclusive, non-transferable, revocable, limited license to access and use this Web Site and Content in accordance with these Terms of Use. Provider reserves the right, at its sole discretion, to change, modify, add, remove or terminate this license at any time for any reason. Your continued use of the Web Site following the posting of changes will mean that you accept and agree to the changes.
2. Limitations on Use. The Content on this Web Site is for your personal, lawful use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. You also must not use any device, software, routine, network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users or to interfere or attempt to interfere with the proper working of the Web Site or any transaction or use being conducted on the Web Site. You must not probe, scan or test the vulnerability of the Web Site or any network connected to the Site, nor breach the security or authentication measures.
You must not use any robot, spider, page- scrape, deep-links, other automatic software or device, algorithm or manual process to access, acquire, copy or monitor any portion of our Web Site or the Content without Provider's prior written permission.
You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this
Web Site, except to the extent permitted above. You must not attempt to gain unauthorised access to any portion or feature of the Web Site, or any other
systems or networks connected to the Web Site or the Provider's server, or to any of the services offered on or through the Web Site, by hacking, password
"mining" or any other illegitimate means.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Web Site or
Provider's systems or networks.
3. Not Legal Advice. Content provided on the Web Site is not intended to and does not constitute legal advice and no solicitor-client relationship is formed, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on this Web Site or materials linked from this Web Site is at your own risk.
4. Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on you or any third party any license or right, to intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You must not remove any proprietary notice when downloading Content from the Website. RELX Group and the RE symbol are trademarks of Reed Elsevier Properties SA, used under license.
5. Linking to this Web Site. You may also provide links to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, the terms of use, the proprietary notice, or other notices on this Site, (b) you give LexisNexis notice of such link by sending an e-mail to info.in@lexisnexis.com and (c) you discontinue providing links to this Web Site if requested by LexisNexis. If you wish to provide links to a section within this Web Site, you should forward your request to the Customer Service team at info.in@lexisnexis.com and you will be notified if permission is granted, and if so the terms and conditions of the permission.
6. License of Your Content to LexisNexis. By uploading content to or submitting any materials for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
7. No Solicitation. You shall not distribute on or through this Web Site any Content or material containing any advertising, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organisation without the express written permission of LexisNexis. Notwithstanding the foregoing, in any interactive areas of this Web Site, where appropriate you a) may list along with your name, address and email address, your own web site's URL and b) may recommend third party Web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
8. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.
9. Purchases/estore. Notwithstanding the foregoing, to the extent this Web Site provides electronic commerce, such buying opportunities
may be made available for both individual and on behalf of a group so long as you are authorised to make purchases on behalf of such group and are of legal
age.
Your order is an offer to LexisNexis to buy the product(s) in your order. When you place an order to purchase a product from LexisNexis, you agree to be
bound by the General Terms and Conditions and Terms of Trade
[TSF1]
[YH2]
which can be located here. We will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation
E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the
product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send
e-mail confirmation to you that we've dispatched the product to you (the "Dispatch Confirmation E-mail").
You consent to receive sales invoices electronically.
10. Pricing and Availability. We list availability information for products sold by us on the website including on each product
information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we
will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products. Please
note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as
such.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we
take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to
request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will
charge the lower amount and send you the product.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Web Site, including contests,
promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms
and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Web Site or for any
service offered on or through the Web Site, the latter terms shall control with respect to your use of that portion of the Web Site or the specific
service.
11. Registration. Certain sections of this Web Site require you to register. If registration is requested, you agree to provide Provider with accurate and complete registration information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorised use. If you believe there has been unauthorised use, you must notify LexisNexis immediately by contacting info.in@lexisnexis.com.
12.
Postings in interactive areas of the Web Site.
Postings to be Lawful. If you participate in interactive areas on this Web Site, you shall not post, publish, upload or distribute any messages, data,
information, text, graphics, links or other material ("Postings") which is unlawful or abusive in any way, including but not limited to any Postings that
are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or
encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law
Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas
shall not misrepresent their identity or their affiliation with any person or entity.
No Monitoring of Postings. LexisNexis has no obligation nor does it intend to edit, monitor or screen Postings and is not responsible for the content in
such Postings or any content linked to from such Postings. Notwithstanding the foregoing LexisNexis reserves the right to examine from time to time, some,
all, or no interactive areas for adherence to the Terms of Use and to remove any materials that may be objectionable or violate the Terms of Use.
Non-Commercial Use only of interactive areas. Any interactive area of this Web Site is provided solely for your personal use. As a participant, you shall
not include in your Posting(s) or otherwise distribute on or through this Web Site any content or material containing any advertising, promotion,
solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organisation without the express
written permission of LexisNexis. Any unauthorised use of any interactive area of this Web Site, its Content or Postings is expressly prohibited.
13. Errors and Corrections. LexisNexis does not represent or warrant that this Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. LexisNexis does not warrant or represent that the information available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. LexisNexis may make improvements and/or changes to its features, functionality or Content at any time.
14. Third Party Content. Third party content may appear on this Web Site or may be accessible via links from this Web Site. LexisNexis shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of LexisNexis.
15. Attorney Ethics Notice. If you are an attorney participating in any aspect of this Web Site, including but not limited to message boards, chat rooms or email forums, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed ("Rules") apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorised practice of law, and misrepresentations of fact. LexisNexis disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate in any chat area on this Web Site, including but not limited to the message boards, that you will not offer legal advice, but will only provide general information.
16. DISCLAIMER. THIS WEB SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. LEXISNEXIS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LEXISNEXIS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM,
LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO: (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT,
INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY
ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM,
(C) THE UNAVAILABILITY OF THIS WEB SITE OR ANY PORTION THEREOF,
(D) YOUR USE OF THIS WEB SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE.
17. LIMITATION OF LIABILITY. LEXISNEXIS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE AND THE INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. LEXISNEXIS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF OPPORTUNITY, ATTORNEYS' FEES ETC) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, PROVIDER'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO USD100.00.
18. Indemnification. You agree to indemnify, defend and hold harmless LexisNexis, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of these Terms of Use by you.
19. Third Party Rights. The provisions of paragraphs 16 (Disclaimer), 17 (Limitation of Liability), and 18 (Indemnification) are for the benefit of LexisNexis and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
20. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
21. Remedies for Violations. LexisNexis reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access to the Web Site. Provider may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Web Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Provider's rights or property, or the rights or property of visitors to or users of the Web Site. Provider reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or governmental request.
22. Privacy. Your use of this Web Site is subject to LexisNexis's Privacy Policy. To view the conditions, please click here. [YH3] [TSF4]
23. Additional Terms. Your use of the LexisNexis online services, case law, legal forms and other related legal materials ("LexisNexis Services") is also governed by the General Terms and Conditions for Use of the LexisNexis Services [YH5] , and if applicable the LexisNexis Services Supplemental Terms for Specific Materials [TSF6] , (collectively the "LN Services Terms") which are provided during the registration process for these LexisNexis Services, all of which are incorporated by reference herein. Your acceptance of the order from LexisNexis Services registration process constitutes your acceptance of the LN Services Terms. If you do not agree with any LN Services Terms, you are not permitted to access the LexisNexis Services.
24. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on this Web Site, the Privacy Policy and the LN Services Terms constitute the entire agreement with respect to access to and use of this Web Site. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with the LN Services Terms then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
25. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of India regardless of the law that might apply under applicable principles of conflicts of law. Any dispute arising out of or in connection with this Web Site Terms, including any question regarding its existence, validity or termination (each, a “Dispute”), shall be referred to the Delhi International Arbitration Centre and finally resolved by arbitration in accordance with the Delhi International Arbitration Centre (Arbitration Proceedings) Rules (the “DAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The language of the arbitration shall be English. The seat of arbitration shall be New Delhi. The arbitral tribunal shall consist of a sole arbitrator appointed in accordance with the DAC Rules. The arbitrator so appointed: (i) shall be fluent in English; (ii) shall be a licensed and independent legal practitioner; and (iii) should, to the extent practicable, have experience in handling disputes relating to the online information industry. The Parties hereby record their understanding and intent that, in an arbitration conducted in terms of this Clause, the prevailing Party should be entitled to recover from the other Party its reasonable lawyers' fees and other costs of arbitration, subject to the arbitral award. Where the arbitral award is for the payment of money, the sum for which the award is made shall include interest at the rate of two per cent higher than the current rate of interest (as defined in the Arbitration and Conciliation Act, 1996, as amended) prevalent on the date of award, for the period from the date on which the cause of action arose and up to the date on which the award is made.
26. Modifications to Terms. We reserve the right to change these Terms at any time. Updated versions of the Terms will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms. Continued use of this Site after any such changes constitutes your consent to such changes.
As at February 2016